So is streaming a broadcast? Phonographic Performance Company of Australia Ltd v Commercial Radio Australia Limited

February 29th 2012

With the issue of broadcast rights in the spotlight following the Federal Court’s TVNow decision on 1 February (for more info, click here), the Court has handed down another decision which grapples with broadcasting in the Digital Age.

Justice Foster recently dismissed PPCA’s claim for the payment of additional royalties for the streaming of PPCA sound recordings as part of radio programs.

His Honour said:
“the simulcast transmission of the same radio program via the FM waves and the Internet is also a “broadcast” within the current definition of that term in s 10(1) of the Copyright Act and, for that reason, is within the scope of the licence which PPCA agreed to grant to the members of CRA”.

This decision is likely to have significant impacts for both content owners and broadcasters. Watch this space.